New Tartan and C&C Shoppers Boat Show Show Checklist

[sailingdog]

BTW, the standard for libel or slander, at least in the United States, is one of legal actual malice—actual malice means that the information provided was provided with a reckless disregard for its veracity or was known to be substantially untrue. Any first-hand personal account of a situation is probably protected by the qualified defense of truth, provided the first-hand account gives full disclosure of the events. The best defense against libel/slander is qualified privilege, which is generally not a defense available to private citizens... Qualified privilege is usually a defense used by journalists.

If one has taken time to verify or substantiate the information, then it is very unlikely that a case for libel or slander could be made. However, even if the information is completely verified and true, you can still be sued for slander or libel and rack up fairly large court costs defending yourself.

[Cruisingdad]

It is a sad state of affairs in this country of ours when a man or woman fears to speak their mind for the reprocussion of being seriously sued. Yes, the days of torture and imprisonment may be over, but it is sad that many people (myself included) have warned these two members that by offering what they feel are fair, true, and stern warnings to othes, they could face prosecution.

- CD

[sailingdog]

CD-

They can't face prosecution, which implies criminal activity, but could face a civil lawsuit.... Libeling or slandering a company is not considered a criminal action as a general rule... it is a civil action.

[Cruisingdad]

Originally Posted by sailingdog

CD-

They can't face prosecution, which implies criminal activity, but could face a civil lawsuit.... Libeling or slandering a company is not considered a criminal action as a general rule... it is a civil action.

Proseution, persecution, civil lawsuit: different names for the same thing, IMHO.

[luckyjim]

This is great data and clearly Novis has to have quite a litigation budget to work the Federal and State lawsuits...keeping one or more attorney's very busy, I'm sure.

from http://dockets.justia.com/docket/cou...ase_id-190233/

Does anyone have any data on the Mack Boring case? The dates are very interesting. Mack Boring was the sole distributor of Yanmar engine and sail drive power plants to Novis. It was around this time that Yanmar was replaced by Volvo as Novis' provider. The reason given was that the Volvo sail drive was technically superior....

Thanks

[sailmarmot]

I am an ex dealer and I'm glad to see that this is finally seeing the light of day. I see the priniciple is out and an equity firm has bought Novis. Can't be long until the end..I hope so. They owe me plenty. Sorry for Tim though, he is a great and talented guy. I'm so far away from the industry now that this is amusing to me, but I have many stories to tell.

[starlightventure]

[Years ago the master full Gougeon Brothers did extensive studies and test procedures
on fiber glass fatigue. My memory, a bit foggy, I seem to recall that they set up a machine to bend material back and forth for long periods of time, and then mechanically measure the loss in stiffness. I think wood fiber held up to the fatigue test much better than synthetic fibers. But with the wave of fiber glass boats coming, their information was lost in a tidal wave of the oncoming resins, glasses and molds, of the mass produced boat building industry, like a flee surfing on a toothpick at the Waimea Nationals.

Yep.